Irregularities which do not vitiate proceedings
Section 506 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with irregularities which do not vitiate proceedings. If any Magistrate not empowered by law to do any of the following things, namely:--- (a) to issue a search-warrant under section 97; The Act came into force on 01 Jul 2024.
If any Magistrate not empowered by law to do any of the following things, namely:---
(a) to issue a search-warrant under section 97;
(b) to order, under section 174, the police to investigate an offence;
(c) to hold an inquest under section 196;
(d) to issue process under section 207, for the apprehension of a person within his local jurisdiction who has committed an offence outside the limits of such jurisdiction;
(e) to take cognizance of an offence under clause (a) or clause (b) of sub-section (1) of section 210;
(f) to make over a case under sub-section (2) of section 212;
(g) to tender a pardon under section 343;
(h) to recall a case and try it himself under section 450; or
(i) to sell property under section 504 or section 505, erroneously in good faith does that thing, his proceedings shall not be set aside merely on the ground of his not being so empowered.
Section 506, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 460 Irregularities which do not vitiate proceedings Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
- s. 97 Search of place suspected to contain stolen property, forged documents, etc
- s. 174 Information as to non-cognizable cases and investigation of such cases
- s. 196 Inquiry by Magistrate into cause of death
- s. 207 Power to issue summons or warrant for offence committed beyond local jurisdiction
- s. 210 Cognizance of offences by Magistrate
- s. 212 Making over of cases to Magistrates
- s. 343 Tender of pardon to accomplice
- s. 450 Withdrawal of cases by Judicial Magistrates
- s. 504 Procedure where no claimant appears within six months
- s. 505 Power to sell perishable property
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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State through CBI, Chennai v. V. Arul Kumar
Decided under Code of Criminal Procedure 460, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Judgement of Main Case order-27.pdf 2016-05-13 DATE VERIFIED. Sikri/Agrawal. Reportable. Crl A 499/2016. A Metropolitan Magistrate has power under CrPC 306 to tender pardon even in Prevention of Corruption Act cases before committal; PC Act 5 does not exclude 306; after committal only the 307 court can tender. Even if the magistrate was not empowered, CrPC 460(g) saves a bona fide tender. Map crpc 306 + BNSS 343 successor (near-identical 0.953) and crpc 460 + BNSS 506 successor (near-identical 1). Do not pad PC Act or crpc 307.
On this section: Successor of CrPC 460 (mapping.csv near-identical, score 1). The 460(g) saving holding carries to BNSS 506.
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Kaushik Chaterjee vs State of Haryana
Decided under Code of Criminal Procedure 460, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The question of territorial jurisdiction in criminal proceedings is a question of fact that must be established through evidence and cannot be decided at the transfer petition stage. The trial court, not the Supreme Court, is the appropriate forum to decide jurisdictional issues after evidence is led on the place of commission of the offence and other relevant factors enumerated in Sections 177 to 184 of the Code of Criminal Procedure. Therefore, transfer petitions seeking transfer on the ground of lack of territorial jurisdiction must be dismissed, leaving it open to the parties to raise and have the trial court decide the jurisdictional issue during the trial.
On this section: Lists 9 irregularities which, if done in good faith by the Magistrate, may not vitiate proceedings. Uses the word 'offence' in three places but never uses the word 'offender'.
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Ashok Seghal vs State
Decided under Code of Criminal Procedure 460, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A Magistrate First Class has concurrent jurisdiction with the Special Judge to tender pardon under Section 306 Cr.P.C. in cases arising under the Prevention of Corruption Act, 1988. The power to grant pardon is not exclusively vested in the Special Judge. When a Magistrate tenders pardon bonafide, even if erroneously without explicit jurisdiction, the proceedings are protected by Section 460(g) Cr.P.C. and cannot be set aside merely on the ground of lack of empowerment. The deeming clause in Section 5(2) of the Prevention of Corruption Act has limited purpose only for sub-sections 1 to 5 of Section 308 Cr.P.C. and does not exclude the Magistrate's concurrent power under Section 306 Cr.P.C.
On this section: Court held that Section 460(g) protects proceedings where a Magistrate not empowered by law to tender pardon erroneously in good faith does so. The pardon granted by Magistrate is protected under this section.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The instant petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "CrPC") [now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter "BNSS")] seeking quashing of the FIR bearing No. 228/2016 dated 9th May, 2016, registered against the petitioner under Sections 376 and 506 of the Indian Penal Code, 1860 (hereinafter "IPC") at Police Station North Rohini, Delhi and the consequential proceedings emanating therefrom pending before the learned Additional Sessions Judge, Rohini Court, New Delhi …
Questions about Section 506
What have the courts held on Section 506 of the Bharatiya Nagarik Suraksha Sanhita?
State through CBI, Chennai v. V. Arul Kumar (13 May 2016) is the leading judgment on this section among those set out below, though it was decided under CRPC 460, which this section replaced -- the court never mentioned this Act: Successor of CrPC 460 (mapping.csv near-identical, score 1). The 460(g) saving holding carries to BNSS 506. Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2012 to 2020.
How do I find court cases under Section 506 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 506, section 506 BNSS, section 506 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bns 506 section and bns 506 2 in tamil. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with State through CBI, Chennai v. V. Arul Kumar (13 May 2016).
What should I read with Section 506 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 97 (Search of place suspected to contain stolen property, forged documents, etc), section 174 (Information as to non-cognizable cases and investigation of such cases), section 196 (Inquiry by Magistrate into cause of death), section 207 (Power to issue summons or warrant for offence committed beyond local jurisdiction), and on 6 further provisions, so none of them can safely be read on its own. It carries forward CrPC 460 (Irregularities which do not vitiate proceedings), so the judgments decided under that provision are the case law on this one.
When did Section 506 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 506 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 506, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.